Biological Father

A person who is not married to the mother of a child or who is or claims to be the biological father of the child may apply for an amendment to be effected to the registration of birth of the child in terms of the Births and Deaths Registration Act 1992 so as to identify him as the father of the child if the mother consents to such amendment or apply for to court an order confirming his paternity if the mother refuses to consent to such amendment.

In essence therefore, the biological father has the right to insist that his name appear on the birth certificate as the father of the child but if the mother refuses for any reason to that request, the biological father can apply to court.

Unfortunately the legislation is silent on the right of the biological father to insist that the child bears his surname.

As the law appears to currently stand, this remains the choice of the mother concerning the child born out of wedlock and the biological father has no legal right to insist on this.